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Unformatted text preview: or holds the land
subject to interests, or other rights, recorded in the register, but free from all other interests. This is called
indefeasibility of title.
A person who wished to purchase a particular parcel of land would examine the register kept by
the state Land Titles Office and might find no record of any interests other than those of the registered
proprietors. The purchaser might then complete the purchase and a short time later an unregistered
mortgagee might come forward claiming rights to the land. The new owner will hold the land free of that
mortgage or any other unregistered interest. The new owner has relied on the register and acted without
any fraud on his or her part.
The new owner therefore has a title that cannot be defeated by any unregistered interests. This concept of indefeasibility of title is supported by the state, in that the state guarantees that the person who is
registered as the owner is in fact the owner. Such a guarantee is not available for common law title land.
Interests, such as a transfer of...
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This document was uploaded on 04/23/2012.
- Three '12